SOMFY PROTECT PRODUCT & SERVICES WARRANTY & SAFETY WARNINGS

Last updated April 1^st 2017 (See previous version as of December 31^st, 2016 here)

The Master Contract is made between you (the “Customer” or “you”) and Somfy Protect by Myfox S.A.S, a simplified stock company with capital of 583 293 euros, listed in the Trade and Companies Register of Toulouse under number 483 015 749, with its head office at Regent Park II, Bldg. 1, 2460 l’Occitane, 31670 Labège, France (Intercommunity VAT No.: FR52 483 015 749 – telephone: +33 9 75 18 65 65 – email address: support@getmyfox.com).

By opening an account with Somfy Protect or by purchasing or using a Somfy Protect Product or Service, you agree to be bound by all provisions of the Master Contract and any Subcontract applicable within the jurisdiction in which you are located. Somfy Protect reserves the right to amend the Master Contract or any of its Subcontracts, subject to the applicable legislation, and the fact that you continue to use the Somfy Protect Products and/or Services means that you continue to agree to the terms of the Master Contract and/or the applicable subcontract.

These Somfy Protect Product & Services Warranty and Safety Warnings) set forth certain legal terms applicable to your use of the products and services provided by Somfy Protect or any of its parents, subsidiaries, or other affiliates (“Somfy Protect”).

The Master Agreement is between you and Somfy Protect by Myfox S.A.S, located at Regent Part II, Bat. 1, 2460 l”occitane, 31679 Labege, France. The Master Agreement includes the following (each, a “Somfy Protect Agreement” or “Sub-Agreement”):

Somfy Protect Sales Terms & Conditions Agreement, found here
General Terms and Conditions of services for remote-controlled automation Systems, found here
Somfy Protect Services Agreement, found here
Somfy Protect Product & Services Warranty and Safety Warnings, found here
Somfy Protect Additional Terms Applicable to Specific Territories, found here

By establishing an account with Somfy Protect or purchasing or using a Somfy Protect Product or Somfy Protect Services, you agree to be bound by all terms of the Master Agreement and any Sub-Agreement that are applicable in the territory where you are located. Somfy Protect retains the right to modify and change the Master Agreement or any of the Sub-Agreements, subject to applicable law, and your continued use of the Somfy Protect Product and/or Somfy Protect Services indicates your continued acceptance of the Master Agreement and/or the applicable Sub-Agreement.

For the avoidance of doubt, the Somfy Protect Product & Services Warranty and Safety Warnings incorporate and are subject to the Somfy Protect Master Agreeement, and also includes and incorporate by reference the Requirements for Proper Use of the Somfy Protect Products attached on Schedule 1.

Somfy Protect WARRANTY

Somfy Protect (the "Vendor") warrants that all the Vendor’s hardware (the “Hardware”) is covered against non-compliance under the terms set out in Articles L. 211-4 ff of the Consumer Code and against hidden defects under the terms set out in Articles 1641 ff of the Civil Code, for a period of two (2) years from the date of purchase (the “Warranty Term”).

You will be covered by the Warranty regardless of any commercial warranty you may have been granted by the Vendor.

Pursuant to Articles L. 211-4 ff of the Consumer Code, in the event of non-compliance, you have the choice between repair or replacement of the Hardware in question. However, if choosing one of these options incurs a cost patently disproportionate to the other, given the value of the Hardware or the extent of the defect, the Vendor shall then proceed with the option you have not chosen. The non-compliance must be reported before the end of the Warranty Term. For a period of six (6) months following issue of the Hardware, you are not required to produce evidence of the non-compliance.

If you decide to make a claim under the warranty on hidden defects provided by Articles 1641 ff of the Civil Code, you may choose between cancellation of the sale or a reduction in the sale price, pursuant to the provisions of Article 1644 of the Civil Code.

Products or any consumables sourced from a third party (e.g. batteries) packaged or delivered with the Hardware are not covered by this Warranty but will be covered by that manufacturer’s warranty, where applicable.

You must provide Seller with an invoice addressed to you or other valid proof of purchase for your Product in order to be covered under this Warranty, and it is your responsibility to retain such proof. Except where prohibited by applicable law, the Warranty is nontransferable and is limited to the original purchaser. The Warranty gives you specific legal rights, and you may also have other rights that vary under local laws.

In order to receive Warranty service, you must submit a claim to Seller by contacting Seller’s warranty hotline at www.getmyfox.com/support/. If Seller determines that you and the Hardware are covered by this Warranty, you will be provided an RMA authorization number and further instructions you must follow to obtain Warranty service or replacement Hardware. If you receive replacement Hardware, it will be covered by the terms of this Limited Warranty for the longer of ninety (90) days from the date of delivery or the remaining Warranty Period.

This Warranty does not apply to any Hardware that has been misused, abused, disassembled, or altered, as determined in Seller’s sole discretion upon Seller's inspection of the Hardware. In addition, this Warranty shall not cover: (a) any Hardware whose serial or batch number has been damaged, amended or erased, (b) damage caused by breach of the installation or maintenance instructions provided by Seller, (c) failures linked to the power supply, (d) consumable parts, e.g. batteries, or (e) Hardware with a microprocessor showing signs of impact, overvoltage, or even slight overheating. If Seller determines in its sole discretion that any defect in material or workmanship has occurred during the applicable Warranty Period in any of the Hardware, your sole and exclusive remedy shall be repair or replacement of the defective Hardware at Seller’s option.

Seller reserves the right to clarify, amend, restate or otherwise modify the terms of the Warranty in its sole discretion. Prior to submitting a Warranty claim, Seller recommends you visit the support section at www.getmyfox.com for technical support.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS WARRANTY, SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND RELATING TO THE HARDWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, SELLER HEREBY DISCLAIMS ALL LIABILITY FOR ANY DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE HARDWARE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE HARDWARE. WHEN YOU INSTALL, SET UP, OR USE THE HARDWARE, YOU ARE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN LEAD TO NON-RECOMMENDED OPERATION OF THE HARDWARE AND/OR YOUR OTHER EQUIPMENT. YOU ASSUME ALL LIABILITY FOR ANY LOSS OR OTHER DAMAGE OR LIABILITY RELATING TO YOUR FAILURE TO MEET THE REQUIREMENTS FOR PROPER USE OF THE PRODUCTS AND YOUR CHOICE OF PARTICULAR SETTINGS AND SELECTION OR ADJUSTMENT DEFAULTS.

Somfy Protect PRECAUTIONS

PRODUCT SAFETY INSTRUCTIONS: Please read the following instructions carefully before using the products and software supplied by Somfy Protect, including but not limited to Somfy One, Somfy One+, Home Alarm, Security Camera, Myfox Home Control and Evology by Somfy Protect (hereinafter the “Products”).

Limitations of the Products: The Products are not constantly monitored by Somfy Protect personnel and are inherently subject to failure for a variety of reasons, including insufficient WiFi signal, third party service outages, and others. The Products are not a lifesaving solution for people or property at risk in the home, and are no substitute for a monitored emergency notification and response system or trained emergency response professionals.

Before Using the System: Read and follow all setup and operating instructions provided with the Products, and test the Products after setup to make sure they are functioning properly. Failure to follow all instructions relating to the Products may compromise their effectiveness.

WiFi and Radio Interference: The Products are only effective if your home WiFi network functions properly and the radio connections between the Products are working properly. The size, thickness, and materials of the walls, wallpaper, and other materials in your home or the surrounding environment can interfere with wireless signals and affect the range and functioning of the Products.

Children: This product should not be used by children under the age of 13.

Alarm Sound: Sound at high volumes can cause irreparable damage to your hearing. Do not stand close to the Products while the alarm is sounding.

Usage Environment: Do not use the Products outside unless the user manual indicates the Product may be used outdoors. Do not place the Products in humid areas or other areas where the Products are likely to get wet, such as a bathroom, as the Products may be damaged by moisture. Outdoor use of Products that are not designed to function outdoors may damage the Products and impair the functioning of the Product, as well as the functioning of any system of which the Product is a part.

Radio Frequency Interference: The Products can emit radio waves that can affect the operation of nearby electronics, including cardiac pacemakers. If you have a pacemaker or other implanted medical device, do not use the Products without first consulting your doctor or the manufacturer of your medical device.

Electrical Shock: To reduce risk of electric shock:

Do not modify or disassemble any of the components provided.
Do not use the Product if any cable is damaged or any wires are exposed.
Use only the types of batteries specified in the manual, and do not use any batteries that appear to be damaged.

If a power adapter is provided:

Do not expose the power adapter to water or moisture.
Unplug the power adapter before cleaning, and clean only with a dry cloth.
Keep the power adapter away from open flames and other heat sources.
Use only the power adapter provided with the Product.

Sunlight Damage: Do not leave the Products in direct sunlight for more than several hours at a time. Exposure to direct sunlight can damage the Products.

*These warnings are periodically updated for completeness. Check getmyfox.com/warnings for the latest version.

Schedule 1

Requirements For Proper Use of the Somfy Protect Products and Services

1. Technical Requirements

You will be responsible for obtaining and ensuring proper functioning and compatibility of all equipment, network connections, internet or telephone service, or other equipment or services necessary in order to access and use the hardware products, software, or services provided by Somfy Protect (“Requirements”). Requirements include, but are not limited to, the following:

Broadband Internet access.
Router (independent or integrated in a box) with an Ethernet or WiFi connection left permanently on.
Computer equipped with an up-to-date web browser, if web access to the Services is desired.
A GSM network of sufficient quality to benefit from GPRS communication services, if such services are desired.

You will be responsible for all charges associated with the Requirements, including without limitation all telephone, internet, and data charges, alarm system use or permit fees, or other expenses.

2. Installation

Upon receipt of the Hardware, whether they have been purchased directly from Somfy Protect or from a Somfy Protect distributor, the Customer shall take personal responsibility for the installing and configuring of the Hardware in accordance with the instructions provided in the packaging and on the websites. The Customer bears sole responsibility for the installation, configuration, and use of the Product. Somfy Protect may in no case be held responsible if the Product proves to be incompatible or present malfunctions with third party software, configurations, operating systems, or equipment.

3. Compliance

By placing an order for, registering an account on, or otherwise using the Product, Customer represents to Somfy Protect that Customer meets all prerequisites and requirements for the proper use of the Product.